FF12: Sedgwick Co. DA says drugs, mental illness causing Kansas criminal justice issues

It's been nearly two weeks since Sedgwick County District Attorney Marc Bennett wrote a letter to state and local policymakers about the state of the criminal justice system in Kansas.

He says Kansas needs help and we need to be aware of the facts of the matter instead of what Bennett calls the hyperbole.

"I hear quite often the mantra that our prisons are full of marijuana, you know, first time marijuana users and low level drug offenders that have never been in any trouble before," Bennett said. "Last year, six people in the entire state of Kansas were sent to the penitentiary for marijuana possession alone. Not hundreds, not thousands, six. Ninety-one people were convicted across the entire state of Kansas of felony marijuana possession. It is not the problem."

So what is the problem? Bennett says he's found, it's fairly straight forward.

"Drugs and then to a lesser extent, mental illness," he said.

As for how those two things cause issues, Bennett talked about burglaries. He said district attorneys often agree the most frustrating crime for people in the community is burglary.

"A property crime doesn't seem that serious until it's your property," Bennett said. "They are very low level crimes. But someone breaks into your home, your car, your business, that is an invasion of your privacy."

Bennett said when it comes to those locked up in Kansas, it's a game of musical chairs. He said each year, roughly 6,500 people are released while the same number come back in. Often, he said it's the same people committing crimes to feed the same habit. His letter showed nearly 70 percent of people who come into incarceration each year are people who violated supervision.

"We don't have a kleptomania problem. We have a drug problem," Bennett said.

From his research, Bennett said the top two reasons people violate their supervision including parole, probation, etc. are failing UA drug tests or not completing drug treatment. The third reason, he says is absconding.

"Well why do people abscond? Well, because they're hot and they know it and they don't want to come back in. I guarantee you the main reason for absconding is drug-related," he said.

Bennett says the numbers show roughly 40 percent of those incarcerated should be behind bars for committing violent crimes. He says sentencing adjustments have increased some sentences for those offenders and he's not arguing against that, though it does have an impact on inmate numbers.

It's the others he wants to address.

"The other 60 to 70 percent, given ebbs and flows in years, are people who are committing sometimes serious, sometimes less serious, sometimes not all that serious drug and property crimes," he said.

Why should you care, even if you've never been the victim of one of these thefts? Bennett says Kansas jails and prisons are already crowded operating at 101% capacity. Projections show those numbers will only grow in coming years. At roughly $24,500 per inmate, Bennett says taxpayers are paying for these people, one way or another.

Bennett admits he has no intention of telling lawmakers what to do and that in the past, he's stayed in his lane as a prosecutor and tested cases against the laws of the state. But he says someone needs to be doing this research and he's more than willing to help lawmakers craft better policies.

His idea is treatment centers for those who are mentally ill or addicted to drugs. He says options at this point are limited and adding another option for these people who need help would be beneficial.

"How do you want to spend your money? Bennett asks. "It boils down to that for me. Ignore the morale, ignore the humanistic side of it, ignore if it's the right thing to lock people up. Just look at the money."

Bennett says if people are successful in these programs, it can save taxpayers money.

"What if we spent $10,000 dollars a piece per person?" Bennett suggests to illustrate his point. "It's still an $18,000 per year net benefit fiscally to the community. If we spent $10,000 a person on treatment every year for those folks who are going to be convicted. The other folks are going to the joint for $28,000."

Bennett says he would hope treatment centers would be options for those who aren't criminals either. While he says he understands some may say you can't force someone to get help, statistics show just being exposed to some sort of help can improve someone's future.

Bennett cited research that shows people in the criminal justice system who are exposed to drug court, even if they fail, are still better off.

Right now, those with mental illnesses are put in a separate pod at the Sedgwick County Jail. Bennett said even just separating them from the general population has reduced violence in the jail and other issues.

Because it's the public spending money on these inmates, Bennett said it's time to start thinking about how to better spend it.

"How do we spend that piece of the pie that's set aside for public safety? Locking them in cages, okay. So be it. Or try to keep them out of those cages," he said.